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On August 29, 2013, a term sheet incorporating the principal terms of a settlement was presented to the court presiding over litigation concerning concussions sustained by players while performing in the NFL. The original proposal provided for a payment of $765 million by the NFL, with a cap of $675 million to compensate former players (and their families) who have suffered cognitive injury. After the court denied preliminary approval of the settlement, citing concerns that not all former NFL players receiving a "Qualifying Diagnosis" would be paid under the proposal, the parties agreed to a new arrangement that removed the $675 million cap on the NFL’s monetary obligations to suffering players. The court has now granted preliminary approval of the revised settlement agreement and set a "Fairness Hearing" to take place on November 19, 2014, when comments on and objections to the proposed settlement will be heard.

"[T]here will be a lot of lawyers . . . and they will be objecting," tweeted Gene Egdorf, a trial attorney with the Lanier Law Firm after approval of the new NFL concussion settlement was announced. Interestingly, a group of seven plaintiffs filed a fifty-eight page objection merely five days prior to the order granting preliminary approval of the settlement. The objectors, which include Sean Morey, Alan Faneca and Sean Considine, claim in part that the revised settlement leaves many injured class members uncompensated.

"Like the initial settlement, the Revised Settlement compensates only the same limited subset of diseases that have been linked to MTBI: ALS, Parkinson's, Alzheimer's, Level 2 dementia, and Level 1.5 dementia . . . It also retains the maximum compensation awards provided for each of these diseases in the initial settlement . . . And like the initial settlement, the Revised Settlement compensates cases of CTE with $4 million, but only if the claimant dies before preliminary approval of the settlement agreement."

Judge Anita B. Brody's memorandum approving the settlement agreement states that the revised proposed settlement is a significant improvement over the previously proposed settlement presented in January. "Under the revised proposed Settlement, the Monetary Award levels remain the same, but the NFL Parties have agreed to 'uncap' their obligation to pay Monetary Awards to every claimant who demonstrates a bona fide compensable condition," reads the memorandum. "The parties have satisfied my concern on this fundamental issue."

At least one lawyer representing players in the still pending litigation told FORBES that he is not as satisfied with the revised settlement agreement. "My preliminary thought is that the monetary payout portion of this settlement excludes an entire class of (relatively) newly retired players who suffered traumatic brain injuries, but haven't yet shown signs of dementia," said the lawyer who wishes to remain anonymous. "[It] totally disregards the fact that this takes years to set in. Seems like a win for the NFL altogether."

Players who wish to retain the right to sue the NFL still have the ability to remove themselves from the Settlement Class by opting out. Those who opt out will not receive benefits from the settlement, including monetary awards or participation in the Baseline Assessment Program. If a player fails to opt out he will give up his right to sue the NFL for the claims that the settlement resolves. Opt out requests must be made by October 14, 2014.

There could be hundreds or even thousands of former NFL players who choose to opt out of the newly approved settlement, because they worry that the agreed upon compensation system will preclude them from relief.

At least one former extremely vocal player plans to follow plaintiffs' lead counsel and not interfere with the disbursement of money to players who so desperately need it. "I know that there are a lot of former players that are suffering from milder forms of cognitive impairment and would like to receive some money right now, but like I've said before, I'm not going to stand in the way of a settlement that can provide our most injured former players with the financial help they need now," said retired NFL player Jeff Nixon on his blog. "Former players that opt out of the Settlement reserve the right to sue the NFL, but personally, I think the risks are too great."